1. What the law is
Since November 2023 there has been no number to hold onto. Executive Decree No. 28 repealed the CONSEP tables that since 2013 had set the quantities a person could carry without prosecution. The 2008 Constitution still bars criminalizing consumption at Art. 364, the COIP does not punish possession for personal use, and the National Court of Justice said so again in Resolution 14-2023. What is left is intent, decided case by case. The constitutional rule is read from the National Assembly's own text. For the decree, the code and the court resolution we still hold no government source.
2. History
The legal events behind this entry, dated and oldest first. Our own reviews and corrections are listed under Changes to this record.
Mixed status takes effect.
3. Proposed laws
No proposed law is on file in Ecuador that would change this entry, as of the 21 Sep 2026 review.
4. Common questions
Is psilocybin legal in Ecuador?
Psilocybin has mixed legal status in Ecuador.
Are magic mushrooms ("shrooms") legal in Ecuador?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin, and this entry states the law on psilocybin itself, which some laws treat separately from the fungus. Psilocybin has mixed legal status in Ecuador.
Read the law
Constitution (2008) Art. 364: consumption must not be criminalized; COIP Arts. 220/228: possession for personal consumption not punishable. Executive Decree No. 28 (24 Nov 2023, President Noboa) repealed the 2013 CONSEP personal-possession threshold tables. National Court of Justice Resolution 14-2023 holds that non-punishability of personal-use possession remains in force, assessed case-by-case.1
Sources
This entry's status is checked against the primary sources below, and the methodology explains how each entry is graded for confidence.
- 1.asambleanacional.gob.ec (opens in new tab) · asambleanacional.gob.ec
- 2.druglawreform.info (opens in new tab) · druglawreform.info
This entry is for information only and is not legal or medical advice. Laws change, and enforcement can differ from the letter of the law, so check the current position against the primary sources above before relying on it.
Changes to this record
2 changes on file, the latest on . Show allHide
Every change we have made to this record, dated, corrections included. Nothing changes silently.
Ecuador's entry now cites a government source for the first time: article 364 of the Constitution, in the National Assembly's own text, which bars criminalizing people who use drugs. The decree that repealed the possession thresholds, the criminal code articles and the 2023 court resolution are still not sourced to a government document, and the entry says so.
Ecuador's entry rested on quantity tables that had already been repealed in November 2023. Consumption is still constitutionally protected, but with no threshold left, possession is judged case by case, so the status moved to mixed.
Psilocybin Media Group. "Ecuador: psilocybin legal status." The Psilocybin Record, accession EC-001, version of 21 Sep 2026. https://psilocybinlegalization.com/record/ecuador